27 NCAC 01D .0207         Counsel - Powers and Duties

The counsel shall have the power and duty:

(1)           to initiate an investigation concerning the alleged unauthorized practice of law;

(2)           to direct a letter of notice to a respondent when authorized by the chairperson of the Authorized Practice Committee;

(3)           to investigate all matters involving alleged unauthorized practice of law whether initiated by the filing of a complaint or otherwise;

(4)           to recommend to the chairperson of the Authorized Practice Committee that a matter be dismissed because the complaint is frivolous or falls outside the council's jurisdiction; that a letter of notice be issued; or that the matter be considered by the Authorized Practice Committee to determine whether probable cause exists;

(5)           to prosecute all unauthorized practice of law proceedings before the Authorized Practice Committee and the courts;

(6)           to represent the State Bar in any trial or other proceedings concerned with the alleged unauthorized practice of law;

(7)           to employ assistant counsel, investigators, and other administrative personnel in such numbers as the council may from time to time authorize;

(8)           to maintain permanent records of all matters processed and the disposition of such matters;

(9)           to perform such other duties as the council may from time to time direct.

History Note:        Authority G.S. 84-37;

Readopted Eff. December 8, 1994;

Amended Eff. February 3, 2000.